tion to its proper limits; and we only notice the volume now before us, because we think it contains much useful reasoning and many important facts, of which every statesman, legislator, lawyer, merchant, and citizen, should be apprized. To treat the writings and opinions of such men as those, whose letters or essays compose this collection, with disregard, would be blameable; to controvert them by argument would be fair; to deny the facts which are authentic, would show imbecility and ignorance.

It may be worth remarking, that the question now agitated, and with daily increasing interest, is not altogether the same as that which divided the Sabinian and Proculian sects, namely, whether reason or precedent should govern; nor can it be resolved by the example of the Herciscundi, who endeavored to steer a middle course, and avoid the absurdities into which the violence of opposition had carried each of the contending parties. For we have written constitutions paramount to all other law, which have for a fundamental principle, that the three departments of the government should be kept entirely distinct, each rigorously confined to the exercise of its own peculiar functions. Our judges are prohibited from legislating; and yet it cannot be denied, that the greater, and we do not scruple to say the better part of our law is neither traditional, for there could be no such traditions; nor statute, for there are no such statutes; but judicial law, enacted by the sole authority of the judges, and the records of it are the books of reports.

It may then be asked, Why not leave it entirely to the judges to proceed, and let the law go on improving under their hands? It would be a sufficient answer, that it is not consistent with the principles of our constitution; but enough will be found in the little volume which we recommend, to satisfy inquiry on that head. The reader will there find the suggestion of the committee appointed by the legislature of Louisiana to revise their civil code; namely, that the judges' decisions, when made in the exercise of their discretionary power in cases not provided for, should be reported to the legislature, so as to be, not laws, but the means of improving the laws.

ART. XI.- CRITICAL NOTICES.

!

1.-Roman Nights; or the Tomb of the Scipios. By ALESSANDRO VERRI. Translated from the Italian by a Lady. New York. 1825. 2 vols. 12mo. pp. 180. 178.

THE composition of dialogues of the dead has always been a favorite and successful species of writing in every age of European literature. From the satiric and witty Lucian, who aimed the keen shafts of his ridicule at the weaknesses of all the great characters of antiquity, sparing neither gods nor men from the severe attacks of his impartial irony, down to the times of the lively and attic Fontenelle, and of the English Lyttelton, examples of these imaginary conversations are continually occurring. Modern ingenuity has frequently improved upon the simplicity of the ancient models, by weaving the discourse of departed shades into a narration of connected incidents, as in the Divina Commedia. Verri's Notti Romane is a work of this latter kind; and with something of singularity, and almost of grotesqueness, in its plan, is nevertheless distinguished by beauties of the highest order.

The book consists of fictitious conferences between the author and the spirits of eminent Romans, and between these Romans themselves in the author's presence. These conferences take place at the outset, in the tomb of the Scipios. Attracted by the fame of this recently discovered monument of a family so illustrious, Verri is supposed to repair to the catacombs in the night, for the purpose of exploring them undisturbed. Whilst there, his torch was extinguished by a gust of wind rushing through the cavern; and the gloomy 'domains of the dead' gradually became peopled with myriads of spectres, whose dress and language bespoke them to be the gens togata, the proud citizens of the queen and conqueror of nations, of imperial Rome. The apparitions at length crowd around one whose majestic mien and lofty presence command respect; and who appears to be addressing the silent and attentive multitude. This individual is Cicero. When he had ceased speaking to the assembled phantoms, he is accosted by Verri, and becomes a kind of guide, a cicerone, explaining to our author the names and situation of the persons, who act a part in the subsequent incidents; filling, indeed, precisely the same place as Virgil in the Inferno;

Tu duca, tu signore, tu maestro.

Brutus and Cæsar, the Gracchi, Scipio Emilianus, and others, then arise in succession, and discuss the most important events of their times. The first night is thus consumed, and on the two following nights we are introduced to Marius, Sylla, Atticus, Lucretia, Junius Brutus, Virginius, Cato the Censor, Pompey, Antony and Cleopatra, Cato Uticensis, Octavius, and the poet Horace. All this is represented as happening at the tomb of the Scípios; but during the three remaining nights the spirits leave the sepulchre, and pass to the examination of modern Rome, continuing their discussions upon the leading facts in Roman history, and upon subjects, which the sight of the monuments of Roman grandeur suggest. Of the new characters now brought on the stage, the most prominent are Romulus, Numa, and the vestal Floronia.

These are the Roman Nights, in which the national policy of the republic, the acts and motives of her celebrated citizens, her laws, religion, and military achievements, are critically scrutinized, and dissected with the skill of a master. The ground work of the whole is authentic history; and we know not any book, which exhibits, in the same compass, a more graphic and vivid picture of the politics of the republic. The style of Verri is very happy. His diction is nervous, and his taste correct and manly. The besetting sin of his countrymen, a vice into which they are easily betrayed by the copiousness and melody of their beautiful tongue, is a tendency to diffuseness, prolixity, and effeminacy of style. These defects are by no means essential to the language, which is capable of being moulded to the utmost dignity and energy of expression. What poetry is more terse, more instinct with vigor, more the opposite of careless ease and familiar diffuseness than Alfieri's? What prose is more expressive, pointed, and energetic, than Ugo Foscolo's? And Verri has imitated, with great felicity, the noble and stately, yet simple and unambitious style, which we should consider appropriate to the dramatis persona of the Nights. His felicitous imitation, or we should rather say adoption, of the genuine Roman turn of expression, is one of the charms of his work; and shows how nearly allied are the Latin and the Italian, the latter, indeed, being scarcely more than a softened dialect of its venerable parent tongue.

We have not compared the translation before us with its original carefully enough to express an unqualified opinion of its fidelity. The style of it is good; and the work is creditable to its fair authoress, who deserves praise for contributing her efforts to render Americans familiar with the riches of Italian literature. We could wish, however, that it preserved a greater share of Verri's latinity of diction than it does; for this property is essential to the keeping of the dialogue, and is peculiarly efficacious in giving it an air of perfect reality and truth.

G. Bradford,

1

2.-1. Anniversary Address on the Progress of the Natural Sciences in the United States; delivered before the Lyceum of Natural History of New York, February, 1826. By JAMES E. DE KAY. New York. G. & C. Carvill. 8vo. pp. 78.

2. Report of a Committee of the Trustees of the Boston Athenæum, made to the Proprietors, May 25, 1826.

THE principal object of this Address is thus stated by the

author.

On the present occasion it is proposed to give a brief outline of the progress and present state of the Natural Sciences in the United States. Such occasional exhibitions are something more than mere appeals to national vanity. They are consonant with the usages of other nations, and if faithfully executed, are not always flattering to national pride. They become useful records of the labors of our contemporaries, may indicate sources of information, which might be overlooked by the inquirer, and often serve as an incitement to greater exertion with the rising generation.' p. 6.

Of the usefulness of such undertakings there can be no question; and the one before us seems to be executed with care and correctness. The votaries of Natural Science will be gratified to perceive how much has been done by Americans, in this department, during the last eight or ten years, compared with any former period. The amount, indeed, is not great in itself, but it gives promise of more; for men seldom stop, who have once entered on this career. The natural curiosity of man is sharpened, and his intellectual activity increased, by every new attainment in these pursuits. In science we can never reach a height, from which another more commanding cannot be observed; we are drawn on from step to step, the prospect is continually expanding, and our appetite for knowledge doth make the meat it feeds on.' Among the sources of happiness, the pursuit of science holds one of the first places; since the principal employment of those engaged in it, is the successful invention of new pleasures. We are rejoiced, then, at everything that may turn the attention of our countrymen towards this occupation, which will continually present worthy objects for that activity, which is too often wasted in useless or hurtful undertakings.

"

It appears from Dr De Kay's Address, that very little was done in the science of Mineralogy before Professor Cleaveland published his Elementary Treatise in 1816; since then, several smaller works have been published, especially local catalogues of minerals, such as those of Webster, Hale, and Robinson; and, in the words of the Address,

• Mineralogy has now become a popular branch of science; lectures are delivered in every considerable town in the Union; and extensive cabinets of minerals are to be met with in every direction. Increased attention has been paid to the composition of minerals, and several of our countrymen, with a view of perfecting themselves in this delicate branch, have enrolled themselves in the School of Mines at Paris. Many new mineral species have been firmly established, and others, which were doubtful, have been reexamined, and restored to their proper places in the system.' pp. 11, 12.

The progress of Geology has been still more striking.

Previous to the year 1812,' says the Address, the published notices on our geology were few and unimportant; and little more was known, in a geological point of view, of the United States, than that they extended along the coast of the Atlantic, and were bounded on the north by a chain of mighty lakes. Mr Maclure, a gentleman peculiarly qualified for such a task by a familiar acquaintance with the most interesting formations of Europe, commenced a personal examination of this country, which he traversed in various directions. The result of his labors was given to the public in 1817, under the title of "Observations on the Geology of the United States." This is a bold outline, sketched by a masterly hand, and replete with the most valuable and interesting information.

The geologists of Europe, who had been chiefly occupied with their theories and speculations, and from the phenomena of a mole hill had not unfrequently deduced principles on which depended the formation of a world, were struck with the simple, yet grand features, presented by this geological map of America.' pp. 15, 16.

The publication of Mr Maclure's observations has been followed by numerous others on the geology of separate districts, of which a particular account is given in this Address, and which are probably only the forerunners of more extensive and important geological investigations.

The science of Botany has fared better in this country than the sister sciences. It has been longer an object of attention, which, for obvious reasons, has been more general. Beside the larger works on this subject, we have numerous local Floras, and